Terms and Conditions

PayFAIMNow Portal Terms of Access

These PayFAIMNow Portal Terms of Access are a legal agreement between Financial Advocates Investment Management (“FAIM” “we” or “us”) and you, the user of the PayFAIMNow Portal (“you”). By accessing the PayFAIMNow Portal, you agree to be bound by these terms and conditions (“Terms”).

1. General

The PayFAIMNow internet portal (“PayFAIMNow Portal”) is technology that makes it easier for you to input your Payment Credentials into the Stripe API. The PayFAIMNow Portal does NOT itself store payment information, and passes all information directly to Stripe via their API. The PayFAIMNow Portal is powered by AWS.

Payment processing services for users on PayFAIMNow are provided by Stripe and are subject to the  Stripe Connected Account Agreement , which includes the  Stripe Terms of Service  (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as an account holder at PayFAIMNow, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of FAIM enabling payment processing services through Stripe, you agree to provide PayFAIMNow accurate and complete information about you and your business, and you authorize PayFAIMNow to share it and transaction information related to your use of the payment processing services provided by Stripe.

“Stripe” means Stripe, Inc., located at 185 Berry St, Suite 550, San Francisco, CA 94107, USA, and its subsidiaries or affiliates.

“AWS” means Amazon Web Services Inc., 410 Terry Avenue North, Seattle, WA 98109-5210, USA, and its subsidiaries or affiliates.

“Payment Credentials” has the meaning defined in the terms you agreed with Stripe.

“API” has the meaning defined in the terms you agreed with Stripe.

2. Using the PayFAIMNow Portal

Upon your initial request to access the PayFAIMNow Portal, we will issue you certain identifying information (such as an account name or number and a password) based on the identifying information that you will provide us (such as your email address) (all together “PayFAIMNow Credentials”). You understand and agree that all PayFAIMNow Credentials are stored with AWS and that AWS may at its discretion and from time to time use affiliates and/or various third party providers to store your PayFAIMNow Credentials.

PayFAIMNow will request that AWS use reasonable efforts to keep your PayFAIMNow Credentials, Payment Credentials and Stripe Credentials secure.

We do not store your Payment Credentials and Stripe Credentials at FAIM and AWS does not store them beyond what is reasonably necessary for you to input your Stripe Credentials and Payment Credentials into the Stripe payment platform through the PayFAIMNow Portal web page. FAIM does not have the capacity to recall or retrieve your Payment Credentials or Stripe Credentials and you understand that we or AWS may delete any Payment Credentials and Stripe Credentials you input through the PayFAIMNow Portal web page at any time.

Your access to the PayFAIMNow Portal shall be subject to the privacy policy for the PayFAIMNow Portal available at privacy policy. You agree to the use of your data (including without limitation your PayFAIMNow Credentials, Payment Credentials and Stripe Credentials) in accordance with PayFAIMNow’s privacy policies.

3. Our Role.

PayFAIMNow Portal is an interface from which you may input Payment Credentials into the Stripe API, but it doesn’t change anything else about your relationship with FAIM, Stripe, your bank or your credit card company, which relationships remain at all times governed by the terms you have agreed separately with each of them. You remain at all times responsible for any sums you owe to FAIM, your bank or your credit card company. You are ultimately responsible for the purchases you make from FAIM. Also, FAIM is the one responsible for providing you the services that you purchase using Stripe.

FAIM does not act as your agent or on your behalf. PayFAIMNow does not act as FAIM’s or Stripe’s agent or on their behalf. Stripe provides the Stripe API, not PayFAIMNow.

4. Making Changes.

If you want to delete your PayFAIMNow Credentials or change your settings, you can send an email to customservices@financialadvocates.com

5. Representations and Warranties.

By accessing the PayFAIMNow Portal you represent and warrant that you are at least 18 years of age and that you will not access or use the PayFAIMNow Portal for any fraudulent, unlawful or abusive purpose.

6. DISCLAIMERS.

THE PAYFAIMNOW PORTAL, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE PAYFAIMNOW PORTAL, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FAIM, ITS AFFILIATES, AND THEIR AGENTS, MERCHANTS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE PAYFAIMNOW PORTAL, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION YOU INPUT IN THE PAYFAIMNOW PORTAL. EACH DISCLAIMING ENTITY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PAYFAIMNOW PORTAL WILL BE UNINTERRUPTED OR ERROR FREE. THE DISCLAIMING ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY UPTIME INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, SETTLEMENT OR CANCELLATION OF PAYMENT TRANSACTIONS. THE DISCLAIMING ENTITIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT, OFFER, OR REWARD PROGRAM ITEM INFORMATION, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS ACCURATE.

7. Limitations of Liability; Force Majeure

NOTWITHSTANDING ANY OTHER TERM, IN NO EVENT SHALL ANY DISCLAIMING ENTITY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR THE SERVICES, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE PAYFAIMNOW PORTAL, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE DISCLAIMING ENTITIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF SERVICE EXCEED $10 US DOLLARS.

Each party acknowledges that the other party has entered into these Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party and even if foreseeable, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

8. Governing Law

These Terms of Service will be governed by the laws of the State of Washington, except for Washington’s choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Thurston County, Washington.

9. Notice

Notices and other communications to you may be made by mail, email, postings on the PayFAIMNow Portal or other reasonable means. We may also provide notices of changes to the Terms or other matters by displaying links to notices on the PayFAIMNow website. Notice to FAIM may be made to Financial Advocates Investment Management, 1601 Cooper Point Road NW, Olympia, WA 98502.

10. Modification of Terms of Service

We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Terms at any time by posting notification here or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the PayFAIMNow Portal.

11. Termination /Assignment

FAIM shall have the right to terminate your account with FAIM or your use of the PayFAIMNow Portal at its entire discretion, at any time and without notice. Such termination shall not give rise to any liability for FAIM or obligation to pay any amount by FAIM.

You may not assign these Terms or the whole or part of any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

12. Survival

Upon termination of your use of the PayFAIMNow Portal or termination of these Terms for any reason, in addition to this section, the following sections shall survive termination: Sections 5 through 13.

13. Miscellaneous

FAIM’s failure to exercise or enforce any right or provision of the Terms will not be considered a waiver of that right or provision. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms, including FAIM’s policies referenced herein, constitute the entire agreement between you and FAIM with respect to the use of your PayFAIMNow account and the PayFAIMNow Portal. Save as expressly provided herein, these Terms are not intended and shall not be construed to create any rights or remedies in any parties other than you and FAIM and no other person will have the ability to assert any rights as a third-party beneficiary under these Terms of Service.

Last Revised: March 19, 2018